[Download] "Ar-Tik Systems Inc. v. Dairy Queen Inc." by United States Court Of Appeals Third Circuit. * Book PDF Kindle ePub Free

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eBook details

• Title: Ar-Tik Systems Inc. v. Dairy Queen Inc.
• Author : United States Court Of Appeals Third Circuit.
• Release Date : January 28, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

In the amended complaint filed in the United States District Court for the Eastern District of Pennsylvania, Ar-Tik Systems, Inc., (Ar-Tik) a corporation of Indiana, alleged that it entered into an agreement on September 7, 1946 with H. A. McCullough, H. F. McCullough and J. F. McCullough, co-partners doing business as McCulloughs Dairy Queen, whereby it licensed the McCulloughs to use and to permit others to use a frozen dessert machine, constructed under its United States Patent 2080971, "within the area comprised by the eastern part of the United States, including the Commonwealth of Pennsylvania, upon payment of a certain consideration based upon the quantities of frozen dessert used and upon certain other considerations more fully enumerated therein"; that under the terms of a series of assignments from the McCulloughs and others there was executed a certain contract dated November 29, 1949, which Ar-Tik averred had been assigned to the defendant Dairy Queen, Inc., a corporation of the State of Washington, registered to do business in the Commonwealth of Pennsylvania, whereby it became entitled to use within the territorial limits of Pennsylvania the trade name "Dairy Queen" in connection with the manufacture and sale of frozen dessert "upon, inter alia, the payment of certain considerations to the plaintiff and the plaintiffs assignors" under the said agreement of September 7, 1946; that prior to November 29, 1949 the McCulloughs coined and registered the trade name "Dairy Queen" and in conjunction with the plaintiff and other developed it by extensive nation-wide advertising, supervision of manufacture, sale and method of sale of frozen dessert known as "Dairy Queen" so that the trade name was enhanced in value; that as the result of the acquisition by the defendant, Dairy Queen, Inc., of the rights and liabilities under the contract of November 29, 1949 it became obligated to account to Ar-Tik and the McCulloughs by showing the quantity of frozen dessert mix used and to make payments upon the basis thereof and that in violation of its agreement defendant, Dairy Queen, Inc. has failed to account and to make payments to Ar-Tik and has forfeited the right to use the trade name.

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